CMS Addresses Hardship Exemption for Meaningful Use

Written by Steve Deaton on March 28, 2014. Posted in Digital Radiography and PACS

The three stages of Meaningful Use established by the U.S. Centers for Medicare and Medicaid Services are meant to improve health care by providing physicians with timelines and steps to leverage rising technologies in medical practices. Namely, the agency’s electronic health records incentive program gives doctors financial reimbursements for services while utilizing EHR software in their practices.

EHRs can enhance the performance of PACS, as well as other modalities of Medical Imaging. Yet, providers have a lot to contend with in 2014, as the implementation of the new ICD-10 code sets is now only months away. After Oct. 1, 2014, all claims submissions using old codes will be immediately rejected by payers, including the CMS.

This has some radiologists and other physicians concerned about their ability to meet the requirements of Stage 2 before payment schedules are adjusted in 2015. At that point, the CMS will begin to reduce the amounts providers receive in reimbursement if they have failed to attest to Meaningful Use. For those who feel behind, there are hardship exceptions they can apply for to avoid any penalties as a result of “unforeseen circumstances.”

FierceEMR reported that following CMS Administrator Marilyn Tavenner’s comments about the agency’s future flexibility on exemptions, six GOP senators penned a letter to the official, asking for immediate clarification on what kind of exceptions would be acceptable to the CMS.

“The CMS website currently says hardship exceptions are available only in certain narrow circumstances – such as a lack of broadband internet or an unforeseen natural disaster. How will these categories be expanded? Will the applications be due April 1? What documentation or standard of proof must be met to obtain an exception? What is the timing for review, and will there be an appeals process?” they wrote, quoted by the news source.

CMS responds
Following the report, the CMS has issued tips and guidance on the hardship exemptions associated with Meaningful Use. Elisabeth Myers, from the Office of eHealth Standards and Services at the CMS, spoke at the Health IT Policy Committee meeting on March 11 and said that “hardship exceptions will be available to providers who cannot get certified software,” according to Clinical Innovation and Technology.

The agency stated that physicians who are new to the incentive program this year and aiming to attest to Meaningful Use for the first time, but are unable to utilize certified EHR technology, may apply for a hardship exemption. This can help them avoid the payment adjustment set to take place in 2015.

Additionally, the CMS published applications and tip sheets on the website for the incentive program. They list various circumstances such as infrastructure, EHR vendor issues and new eligibility as grounds for exceptions.

According to EHR Intelligence, there are five specialties that do not require providers to complete the exemption form. Those include interventional radiology, anesthesiology, pathology, nuclear medicine and diagnostic radiology. These specific practices will be granted an exception and are automatically exempt from the upcoming payment adjustments in 2015.

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